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Section 38A Information with respect to levels of performance.F8

England and Wales

(1)

F1the Authority shall from time to time collect information with respect to—

(a)

the compensation paid by water undertakers under regulations under section 38(2) above; F2...

(F3aa)

the compensation paid by water supply licensees under regulations under section 38ZA(2); and

(b)

the levels of overall performance achieved by water undertakers F4or water supply licensees in connection with the provision of water supplies.

(2)

At such times as the Authority may direct, each water undertaker shall give the following information to the Authority—

(a)

as respects each standard prescribed by regulations under section 38(2) above, the number of cases in which compensation was paid and the aggregate amount or value of that compensation; and

(b)

as respects each standard established by regulations under section 38(1)(b) above, such information with respect to the level of performance achieved by the undertaker as may be so specified.

(F52A)

At such times as the Authority may direct, each water supply licensee is to give the following information to the Authority—

(a)

as respects each standard established by regulations under section 38ZA(1), such information with respect to the level of performance achieved by the licensee as may be specified in the direction;

(b)

as respects each standard prescribed by regulations under section 38ZA(2), the number of cases in which compensation was paid and the aggregate amount or value of that compensation.

(F63)

The requirements in subsections (2) and (2A) are enforceable by the Authority under section 18.

(4)

The Authority shall, at least once in every year, arrange for the publication, in such form and in such manner as it considers appropriate, of such of the information collected by or given to it under this section as it may appear to it expedient to give to customers or potential customers of water undertakers F7or water supply licensees.

(5)

In arranging for the publication of any such information the Authority shall have regard to the need for excluding, so far as practicable—

(a)

any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual; and

(b)

any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that body.

Annotations

Textual amendments

F1

Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F2

Word in s. 38A(1) repealed (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(a), 94(3); S.I. 2016/1007, art. 2(d)

F3

S. 38A(aa) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(b), 94(3); S.I. 2016/1007, art. 2(d)

F4

Words in s. 38A(b) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(3)(c), 94(3); S.I. 2016/1007, art. 2(d)

F5

S. 38A(2A) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(4), 94(3); S.I. 2016/1007, art. 2(d)

F6

S. 38A(3) substituted (1.1.2015 for specified purposes, 1.11.2016 in so far as not already in force) by Water Act 2014 (c. 21), ss. 29(5), 94(3); S.I. 2014/3320, art. 2(2)(a); S.I. 2016/1007, art. 2(d)

F7

Words in s. 38A(4) inserted (1.11.2016) by Water Act 2014 (c. 21), ss. 29(6), 94(3); S.I. 2016/1007, art. 2(d)

F8

S. 38A inserted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s.27; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I

Notes on Part III

Modifications

C1

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C2

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

C3

Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C4

Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C5

Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Notes on Chapter I

Textual amendments

F1

Word in Pt. 3 Ch. 1 heading inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 46; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(k) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)